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Section 2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute. Previous Next 1[2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute.-- 2[(1)]Where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an
individual workman, any dispute or difference between that workman and his employer connected with,
or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an
industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the
dispute.] 3[(2)Notwithstanding anything contained in section l0, any such workman as is specified in sub-section (1)may, make an application direct to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of forty-five days from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute, and in receipt of such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government. (3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1).] STATE AMENDMENT Andhra Pradesh-- 2. In Section 2A The following sub-section shall be added, namely:-- "(3) Notwithstanding anything in sub-sections (1) and (2), no such dispute or difference between that workman and his employer connected with or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute if such dispute is not raised in conciliation proceeding within a period of three years from the date of such discharge, dismissal, retrenchment or termination: Provided that the Labour Court or the Conciliation Officer, as the case may be, may consider to extend the said period of three years when the applicant workman satisfies the Court or Conciliation Officer that he had sufficient cause for not raising the dispute within the period of three years.". [Vide Andhra Pradesh 12 of 2015, s. 2] Union Territory of Jammu and Kashmir and Ladakh Section 2A.--In sub-section (3), for "three years", substitute "one year". [Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020). 1. Ins. by Act 35 of 1965, s. 3 (w.e.f. 1-12-1965). 2. Section 2A numbered as sub-section (1) thereof by Act 24 of 2010, s. 3 (w.e.f. 15-9-2010). 3. Ins. by s. 3, ibid. (w.e.f. 15-9-2010). |
